Terrorist suspects are not entitled to claim damages when RUC officers wrongfully delay access to a solicitor, the Court of Appeal in Belfast held yesterday. Three judges dismissed an appeal against a ruling by Lord Justice MacDermott relating to the arrest of Mr James Bernard Cullen nearly 10 years ago.
Mr Cullen, from West Belfast, was arrested under the Prevention of Terrorism Act and held at Castlereagh for six days before being charged with withholding information about a murder.
During his time in custody his access to a solicitor was delayed on four occasions, which together covered virtually the entire period of his detention.
In a reserved judgment, the Lord Chief Justice, Sir Robert Carswell, held that Mr Cullen did not have a claim for damages at common law for denial or delay of his right to private consultation with a solicitor.
Afterwards his solicitor, Mr Eamonn McMenamin, said an appeal to the House of Lords, or an application to the European Court or to the new Northern Ireland Human Rights Commission, was being considered.